Making Your Personal Injury Settlement Offer – Part I

Getting Started with a Personal Injury Lawyer

In Canadian personal injury law, any individual who is injured in an accident that has been caused by another person’s careless, negligent, or reckless behavior may be entitled to compensation for their losses.  While this is one of the more complex areas of Provincial Law, it goes without saying that an injury victim will want to sue for damages in court or settle their personal injury claim before their case goes to trial.  Statistics have clearly shown that over 90% of these cases typically settle out of court.

Your best Option

Resolving a personal injury claim in Barrie, Orillia, or Stouffville by virtue of a voluntary settlement on behalf of the defendant and their lawyer is realistically the most feasible option as jury trials can become extremely costly and tedious over time.  However, it is very difficult for your personal injury lawyer to determine the value of your case until several different factors have been brought to the forefront.  The first step to achieving a settlement in your case is that you seek medical attention.

Your physician will be able to determine the nature and extent of the injuries resulting from your accident and recommend the appropriate medical treatment and proper care during your recovery.  Once your personal injury lawyer has this information, he or she will most likely be able to assess the value of your case and determine what it’s worth.  At this point, you and your lawyer will begin the settlement process.  Remember, the primary aim of personal injury (tort) law is to provide financial relief to the victim.

Determining the Value of Your Case

There are a number of factors that a personal injury lawyer will take into account when trying to determine the value of your case.  In most instances, this comes down to a single word – damages – which are classified as “non-pecuniary” and “pecuniary.”  In some cases, non-pecuniary damages may also be referred to as non-economic or general damages.  These include:

  • embarrassment and humiliation
  • emotional distress
  • loss of companionship
  • loss of consortium
  • loss of reputation
  • loss of society
  • mental anguish and shock
  • physical pain and suffering

Depending on the severity of your injuries, non-pecuniary damages will range anywhere from 1.5 to 5 times that of pecuniary damages.  Pecuniary damages may be referred to as economic or special damages and typically include:

  • funeral and burial expenses
  • lost earning capacity
  • lost wages (past and future)
  • medical expenses
  • property damage

While establishing damages in a personal injury case in Barrie, Orillia, or Stouffville is part of the legal process, the burden of proof where liability and negligence is concerned rests on you and your lawyer’s shoulders.  This is where personal injury law can become extremely complex.

Part II will explain how the value of your claim is adjusted along with submitting your offer for a fair and reasonable settlement.